Golf Tailor, LLC v. GolfBestBuy Inc. et al

Filing 51

ORDER granting Defendants' 24 Second Motion to Dismiss, or in the alternative, Request to Transfer to Northern District of California; This case is TRANSFERRED to the United States District Court for the Northern District of California, signed by Judge Robert S. Lasnik. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GOLF TAILOR LLC, an Oklahoma limited
liability company,

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Plaintiff,
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v.
GOLFBESTBUY INC., a California
corporation; KINGSTAR CORPORATION
a/k/a DONGGUAN CITY HUANDA
SPORTS EQUIPMENT CO. LTD., a
Chinese corporation, and JONATHAN H.
WANG, a/k/a WANG BENHUAN, and
JANE DOE WANG, and the marital
community composed therein,

Civil Action No. 2-16-cv-01203-RSL
ORDER GRANTING DEFENDANTS
GOLFBESTBUY INC. AND JONATHAN
WANG’S REQUEST TO TRANSFER TO
THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF
CALIFORNIA

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Defendants.

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This matter came before the Court on Defendants GolfBestBuy Inc. and Jonathan Wang’s

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(collectively “Defendants”) Second Motion to Dismiss or, in the alternative, request to transfer

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this case to the United States District Court for the Northern District of California under 28

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U.S.C. § 1404(a) (Dkt. ## 24, 45). Having reviewed the Motion and request, all papers filed in

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support of and in response thereto, and having heard the argument of counsel, the Court makes

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the following findings:

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1.

Three cases with factual issues, parties, and claims that overlap with the factual

issues, parties, and claims in this matter have been consolidated in the United States District
ORDER GRANTING REQUEST TO
TRANSFER – 1

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Court for the Northern District of California in Case No. 3:17-cv-00898, Wang v. Golf Tailor,
LLC.
2.

This matter might have originally been brought in the United States District Court

for the Northern District of California as Defendants are residents of California and are located
in that district.
3.

The public and private interests that must be considered in determining whether to

transfer this matter under 28 U.S.C. § 1404(a) weigh in favor of transferring this case to the
United States District Court for the Northern District of California.
Therefore, being fully advised in the premises, now, it is ORDERED that:
A.

For the convenience of the parties and witnesses, in the interest of justice,

Defendants’ request to transfer this case to the United States District Court for the Northern
District of California pursuant to 28 U.S.C. § 1404(a) is GRANTED; and
B.

This case is TRANSFERRED to the United States District Court for the Northern

District of California.
C.

This transfer expressly includes defendant Kingstar Corporation, a/k/a Dongguan

City Huanda Sports Equipment Co. Ltd., a Chinese corporation (“Kingstar”). If and when
service on Kingstar is completed, Kingstar shall proceed in the United States District Court for
the Northern District of California as if this case had originally been filed in that court. Nothing
in this Order is intended to require Golf Tailor to restart Hague Convention service on Kingstar.

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DATED this 22nd day of June, 2017.

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A
Robert S. Lasnik

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United States District Judge
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ORDER GRANTING REQUEST TO
TRANSFER – 2

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Presented by:

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By:

s/Holly M. Simpkins
William C. Rava, WSBA #29948
Holly M. Simpkins, WSBA #33297
Perkins Coie LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

By:

s/Barrington Dyer
Barrington Dyer (pro hac vice)
Fabio Marino (pro hac vice)
McDermott Will & Emery
275 Middlefield Road, Suite 100
Menlo Park, CA 94025
Telephone: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Defendants GolfBestBuy Inc.
and Jonathan Wang

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By:

s/Michael G. Atkins
Michael G. Atkins WSBA# 26026
Atkins Intellectual Property, PLLC
113 Cherry Street #18483
Seattle, WA 98104-2205
Telephone: [phone]
Email: [e-mail]
Daniel P. Harris WSBA# 16778
John Mansfield WSBA# 27779
Harris Bricken LLP
600 Stewart Street, Suite 1200
Seattle, WA 98101-1232
Telephone: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff Golf Tailor, LLC

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ORDER GRANTING REQUEST TO
TRANSFER – 3